[Legal] A Comparative table of State Amendments in Land Acquisition Act, 2013

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

Received assent of the President on the 26th September, 2013 and published in Official Gazette.

(3) …It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

1. …(2) The Act shall be deemed to have come into effect on 1st January, 2014.

1. …(2) The Act shall be deemed to have come into effect on 1st January, 2014.

1. …(2) The Act shall be deemed to have come into effect on 1st January, 2014.

1. …(2) The Act shall be deemed to have come into effect on 1st January, 2014.

(3) The provisions of this Amendment Act shall have effect notwithstanding anything contained in any law or judgment or order of any Court or authority, without affecting the vested rights.

(3) The provisions of this Amendment Act shall have effect notwithstanding anything contained in any law or judgment or order of any Court or authority, without affecting the vested rights.

(3) The provisions of this Amendment Act shall have effect notwithstanding anything contained in any law or judgment or order of any Court or authority, without affecting the vested rights.

Provided that the Central Government shall appoint such date within three months from the date on which the RFCTLARR Bill, 2013 received the assent of the President.

(2) The provision of this Act relating to land acquisition, consent, compensation, rehabilitation and resettlement, shall also apply, when the appropriate Government acquires land for the following purposes, namely :(a) for public private partnership projects, where the ownership of the land continues to vest with the Government, for public purpose as defined in subsection (1);…

2. In the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the principal Act), for the words "private company" wherever they occur, the words "private entity" shall be substituted.

3. …in sub-section (2) of section 2, after the second proviso, the following proviso shall be inserted, namely:

2. …in section 2, in subsection (2), after the second proviso, the following proviso shall be inserted, namely:

2. …in sub-section (2) of section 2, after the second proviso, the following proviso shall be inserted, namely:

2. …in sub-section (2) of section 2, after the second proviso, the following proviso shall be inserted, namely:

2. …in sub-section (2) of section 2, after the second proviso, the following proviso shall be inserted, namely:

"Provided also that the acquisition of land, for the projects listed in section 10A and the purposes specified therein, shall be exempted from the provisions of the first proviso to this subsection.".

"Provided also that the acquisition of land for the projects listed in section 10A and the purposes specified therein shall be exempted from the provisions of the first proviso to this subsection.".

"Provided also that the acquisition of land, for the projects listed in section 10A and the purposes specified therein, shall be exempted from the provisions of the first proviso to this subsection.".

"Provided also that the acquisition of land, for the projects listed in section 10A and the purposes specified therein, shall be exempted from the provisions of the first proviso to this subsection.".

"Provided also that the acquisition of land, for the projects listed in section 10A and the purposes specified therein, shall be exempted from the provisions of the first proviso to this subsection.".

4. In the principal Act, in section 3, (i) in clause (j), in sub-

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

RFCTLARR (Jharkhand Amendment) Act, 2017

3. In the principal Act, after section 10, the following section shall be inserted, namely:

3. In the principal Act, after Chapter III, the following Chapter shall be inserted, namely: CHAPTER IIIA PROVISIONS OF CHAPTER II AND CHAPTER III NOT TO APPLY TO CERTAIN PROJECTS

3. In the principal Act, after section 10, the following section shall be inserted, namely:

3. In the principal Act, after Chapter-III, the following new chapter-IIIA shall be inserted:-

"10A. The State Government may, in the public interest, by notification in the Official Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter Ill of this Act, namely:

Chapter-IIIA

clause (i), for the words and figures "the Companies Act, 1956", the words and figures "the Companies Act, 2013" shall be substituted; (ii) after clause (y), the following clause shall be inserted, namely:

Chapter II Determination of Social Impact and Public Purpose …Provided that the appropriate Government shall that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study: …Provided further that the appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of commencement. …Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously and shall not be contingent upon the

'(yy) "private entity" means any entity other than a Government entity or undertaking and includes a proprietorship, partnership, company, corporation, non-profit organisation or other entity under any law for the time being in force.'.

5. In the principal Act, after Chapter III, the following Chapter shall be inserted, namely: CHAPTER IIIA PROVISIONS OF CHAPTER II AND CHAPTER III NOT TO APPLY TO CERTAIN PROJECTS 10A (1). The appropriate Government may, in the public interest, by notification, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely: (a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production; (b) rural infrastructure including electrification; (c) affordable housing and

"10A. The State Government may, in the public interest, by notification in the Official Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter Ill of this Act, namely: (a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production; (b) rural infrastructure including electrification; (c) affordable housing and housing for the poor people; (d) industrial corridors set up by the State Government and its

10A (1). The appropriate Government may, in the public interest, by notification, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely: (a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production; (b) rural infrastructure including electrification; (c) affordable housing and

(a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production; (b) rural infrastructure including electrification; (c) affordable housing and housing for the poor people; (d) industrial corridors set up by the State Government and its

Provisions of Chapter-II & III not to apply to certain projects.

10A. The State Government may, in the public interest by notification in the official gazette, exempt any of the following project from the application of the provision of Chapter-II and Chapter-III of this Act, namely:Government Infrastructure projects including Schools, Colleges, Universities, Hospitals, Panchayat Buildings, Anganbadi Centres, Rail, Road, Waterways, electrification, irrigation, housing for the economically weaker

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

RFCTLARR (Jharkhand Amendment) Act, 2017

completion of the Social Impact Assessment study.

housing for the poor people; (d) industrial corridors set up by the appropriate Government and its undertakings (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor); and (e) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government.":

undertakings (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor); and (e) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government:

housing for the poor people; (d) industrial corridors set up by the appropriate Government and its undertakings (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor); and (e) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government.":

undertakings (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor); and (e) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government:

section, Water supply, Pipelines, Transmission and other Government Buildings for undertaking such projects advise of Gram Sabha/Local Authority shall also be taken.

…(5) Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in SIA report. …B.-Appraisal of Social Impact Assessment Report by an Expert Group (7) (2) The Expert Group constituted… two nonofficial social scientists; two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be; two experts on rehabilitation; and a technical expert in the subject relating to the project. …(8) (3) …Provided that where land is sought to be acquired for the purposes as specified in sub-section (2) of the section 2, the appropriate Government shall also ascertain as to whether the prior consent of the affected families as required under the proviso to sub-section (2) of section 2, has been obtained in the manner as may be prescribed.

Provided that the appropriate Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.

(2) The appropriate Government shall undertake a survey of its wasteland including arid land and maintain a record containing details of such land, in such manner as may be prescribed by the appropriate Government.

Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.".

Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.

Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.".

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

Chapter III Special Provisions to Safeguard Food Security Enquiry and land acquisition award by collector.

24. (2) Notwithstanding anything contained in subsection (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the

6. In the principal Act, in section 24, in sub-section (2), after the proviso, the following proviso shall be inserted, namely: "Provided further that in

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

4. In the principal Act, after section 23, the following section shall be inserted, namely:

4. In the principal Act, after section 23, the following section shall be inserted, namely:

4. In the principal Act, after section 23, the following section shall be inserted, namely:

“23A. (1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.

“23A. (1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.

“23A. (1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.

(2) The determination of compensation for any land under sub-section (l) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(2) The determination of compensation for any land under sub-section (l) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(2) The determination of compensation for any land under sub-section (l) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(3) Notwithstanding anything contained in the Registration Act, 1908, no agreement made under sub-section (l) shall be liable to registration under that Act." 5. In the principal Act, in section 24, in sub-section (2), after the existing proviso, the following proviso shall be inserted, namely:

(3) Notwithstanding anything contained in the Registration Act, 1908, no agreement made under sub-section (l) shall be liable to registration under that Act." 5. In the principal Act, in section 24, in sub-section (2), -

(3) Notwithstanding anything contained in the Registration Act, 1908, no agreement made under sub-section (l) shall be liable to registration under that Act." 5. In the principal Act, in section 24, in sub-section (2), -

(1) In the existing proviso, for the expression “where an award has been made”

(1) In the existing proviso, for the expression “where an award has been made”

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

said section has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid, the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act.

computing the period referred to in this subsection, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a tribunal for taking possession or such period where possession has been taken but the compensation lying deposited in a court or in any designated account maintained for this purpose shall be excluded.".

"Provided further that in computing the period referred to in this subsection, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose, shall be excluded.".

the expression “where the said award has been made 5 years or more prior to the commencement of this Act” shall be substituted;

the expression “where the said award has been made 5 years or more prior to the commencement of this Act” shall be substituted;

(2) after the existing proviso, the following proviso shall be inserted, namely:

(2) after the existing proviso, the following proviso shall be inserted, namely:

"Provided further that in computing the period referred to in this subsection, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose, shall be excluded.".

"Provided further that in computing the period referred to in this subsection, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose, shall be excluded.".

6. In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be inserted, namely :-

6. In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be inserted, namely :-

CHAPTER IV A Voluntary Acquisition of Land

CHAPTER IV A Voluntary Acquisition of Land

30 A. (1) Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the State Government that the land is needed in any area for any public purpose, the State Government or its Authorised Officer will

30 A. (1) Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the State Government that the land is needed in any area for any public purpose, the State Government or its Authorised Officer will

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act. 30. Award of Solatium

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

enter into an agreement with the willing land owner to sell the land in favour of the State for the matters specified therein in a prescribed form.

enter into an agreement with the willing land owner to sell the land in favour of the State for the matters specified therein in a prescribed form.

(2) The State Government or its Authorized Officer shall pass an order in terms of agreement under subsection (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such publication of notification, the title, ownership and all interests of the land owner who enters into agreements, shall vest with the State, free from all encumbrances.

(2) The State Government or its Authorized Officer shall pass an order in terms of agreement under subsection (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such publication of notification, the title, ownership and all interests of the land owner who enters into agreements, shall vest with the State, free from all encumbrances.

(3) Notwithstanding anything contained in the Registration Act, 1908, no agreement entered under sub-section (1) shall be liable to the registration under that Act.

(3) Notwithstanding anything contained in the Registration Act, 1908, no agreement entered under sub-section (1) shall be liable to the registration under that Act.

(4) If any family, other than the family of the land owner who entered who entered an agreement, is affected by the acquisition of land under this section, the State Government shall pay a lumpsum amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed here under:

(4) If any family, other than the family of the land owner who entered who entered an agreement, is affected by the acquisition of land under this section, the State Government shall pay a lumpsum amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed here under:

Provided that no agreement or the lumpsum amount towards rehabilitation and resettlement as may be prescribed, shall be abnormally at variance to

Provided that no agreement or the lumpsum amount towards rehabilitation and resettlement as may be prescribed, shall be abnormally at variance to

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

R&R Award for affected families by Collector.

R&R Award for affected families by Collector.

Corrections to Awards by Collector.

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

the disadvantage of the land owners”.

the disadvantage of the land owners”.

6. In the principal Act, after section 31, the following section shall be inserted, namely:

7. In the principal Act, after section 31, the following section shall be inserted, namely:

7. In the principal Act, after section 31, the following section shall be inserted, namely:

"31A. Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay, whenever the land is to be acquired for its own use amounting to less than one hundred acres or whenever the land is to be acquired in case of projects which are linear in nature as referred to in proviso to sub-section (a) of section 10, as Rehabilitation and Resettlement cost, such lump sum amount equal to fifty percent of the amount of compensation as determined under section 27 to the affected families.".

"31A. Notwithstanding anything contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it shall be competent for the State Government to pay such lumpsum amount as may be prescribed in the rules in lieu of Rehabilitation and Resettlement:

"31A. Notwithstanding anything contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it shall be competent for the State Government to pay such lumpsum amount as may be prescribed in the rules in lieu of Rehabilitation and Resettlement:

Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.

8. In the principal Act, after section 33, the following new section 33A shall be inserted, namely:-

Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.

8. In the principal Act, after section 33, the following new section 33A shall be inserted, namely:-

33A. Notwithstanding anything contained in any other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or any other authority in any legal proceedings find that the money has been wrongfully

33A. Notwithstanding anything contained in any other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or any other authority in any legal proceedings find that the money has been wrongfully

7. In the principal Act, in section 31, in sub-section (2), in clause (h), after the words ‘affected families’, the words ‘including compulsory employment to at least one member of such affected family of a farm labourer' shall be inserted.

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

Special powers in case of urgency to acquire land in certain cases.

40. (2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament.

40. (6) if any land has been purchased through private negotiations by a person on or after the 5th day of September, 2011, which is more than such limits as referred to in sub-section (1) and, if the same land is acquired within three years from the date of commencement of this Act, then, forty percent of the compensation paid for such land acquired shall be shared with the original land owners.

Explanation – for the purpose of this section, the expression – (a) “original land owner” refers to the owner of the land as on the 5th day of September, 2011; (b) “specified persons” included any person other than – (i) appropriate

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

paid to any person under this Act, the State Government or its authorized person or Collector shall recover the same as arrears of land revenue.

paid to any person under this Act, the State Government or its authorized person or Collector shall recover the same as arrears of land revenue.

9. In the principal Act, in section 46, in sub-section (6), in the explanation, in clause (b), the words "any person other than", shall be omitted.

9. In the principal Act, in section 46, in sub-section (6), in the explanation, in clause (b), the words "any person other than", shall be omitted.

7. In the principal Act, in section 40, in sub-section (2), after the words "approval of Parliament", the words "or to comply with the directions given by the Central Government to the State Government" shall be added.

8. In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the words "any person other than" shall be omitted.

8. In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), sub-clauses (i) and (ii) shall be deleted.

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

Government; (ii) Government company; (iii) association of…

Restriction on scope of proceedings.

67. The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection.

Offences by Government departments.

87. (1) Where an offence under this Act has been committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in subsection (1), where any offence under this Act has been committed by a Department of the

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

‘67A. The Authority shall, after receiving reference under section 64 and after giving notice of such reference to all parties concerned, hold the hearing in the district where the land acquisition takes place for settlement of the objections raised in the reference.’

10. In the principal Act, for section 87, the following section shall be substituted, namely:

9. In the principal Act, for section 87, the following section shall be substituted, namely:

10. In the principal Act, for section 87, along with the marginal heading the following section shall be substituted, namely:

10. In the principal Act, for section 87, along with the marginal heading the following section shall be substituted, namely:

"87. Where an offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the court shall take cognizance of such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973 is followed.".

"87. Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the court shall take cognizance of such offence provided the procedure laid down in section 197 of the code of criminal Procedure, 1973 is followed.".

"87. Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the court shall take cognizance of such offence provided the procedure laid down in section 197 of the code of criminal Procedure, 1973 is followed.".

"87. Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the court shall take cognizance of such offence provided the procedure laid down in section 197 of the code of criminal Procedure, 1973 is followed.".

9. In the principal Act, after section 67, the following section shall be inserted, namely:

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

RFCTLARR Act, 2013

Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

101. When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government.

Provisions of this Act not to apply in certain cases or to apply with certain modifications.

105. (1) Subject to subsection (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule…

RFCTLARR (Amendment) Ordinance, 2015

11. In the principal Act, in section 101, for the words, "a period of five years", the words "a period specified for setting up of any project or for five years, whichever is later," shall be substituted.

12. In the principal Act, in section 105, (i) for sub-section (3), the following sub-section shall be substituted, namely: "(3) The provisions of this Act relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to the enactments relating to land acquisition specified in the Fourth Schedule with effect from 1st January, 2015.".

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

11. In the principal Act, in section 101, for the words, "a period of five years", the words "a period specified for setting up of any project or for five years, whichever is later," shall be substituted.

11. In the principal Act, in section 101, for the words, "a period of five years", the words "a period specified for setting up of any project or for five years, whichever is later," shall be substituted.

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

2. …after section 105, the following section shall be inserted, namely:“105-A. Provisions of this Act not to apply to certain Tamil Nadu Acts or to apply with certain modifications. – (1) Subject to sub-section (2), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fifth Schedule.

(2) The State Government shall, by notification, within one year from the date of commencement of this Act direct that any of the provisions of this Act,

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

relating to determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be.

(ii) sub-section (4) shall be omitted.

(3) A copy of the notification proposed to be issued under sub-section (2) shall be laid in draft before the Legislative Assembly of the State of Tamil Nadu and if the Legislative Assembly agrees in disapproving the issue of the notification or the Legislative Assembly agrees in making any modifications in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by the Legislative Assembly.”

Power of appropriate Government to make rules.

12. In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall be added, namely:-

12. In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall be added, namely:-

“(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018”.

“(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018”.

RFCTLARR Act, 2013

RFCTLARR (Amendment) Ordinance, 2015

Power to remove difficulties.

13. In the principal Act, in section 113, in sub-section (1),

113. (1) If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of difficulty:

RFCTLARR (Gujarat Amendment) Act, 2016

RFCTLARR (Andhra Pradesh Amendment) Act, 2018

RFCTLARR (Telangana Amendment) Act, 2016

RFCTLARR (Jharkhand Amendment) Act, 2017

RFCTLARR (Tamil Nadu Amendment) Act, 2014

(i) for the words "the provisions of this Part", the words "the provision of this Act" shall be substituted; (ii) in the proviso, for the words "a period of two years", the words "a period of five years" shall be substituted.

Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act… 3. After the Fourth Schedule to the principal Act, the following Schedule shall be added.

“The Fifth Schedule. (see section 105-A) List of Tamil Nadu Enactments Regulating Land Acquisition in the State of Tamil Nadu.

1. The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) 2. The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) 3. The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002).”